AGENDA
BERKELEY CITY COUNCIL MEETING Tuesday, April 26, 2016 7:00 P.M. School District Board Room - 1231 Addison St., Berkeley, CA (ADA Accessible Entrance) Please enter at 1222 University Avenue
TOM BATES, MAYOR Councilmembers: DISTRICT 1 – LINDA MAIO DISTRICT 5 – LAURIE CAPITELLI DISTRICT 2 – DARRYL MOORE DISTRICT 6 – SUSAN WENGRAF DISTRICT 3 – MAX ANDERSON DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – JESSE ARREGUIN DISTRICT 8 – LORI DROSTE This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, 981-6900. The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Preliminary Matters
Roll Call:
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Persons will be selected by lottery to address matters not on the Council agenda. If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each. If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.
Tuesday, April 26, 2016 AGENDA Page 1
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item. In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process. Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Consent Calendar The Council will first determine whether to move items on the agenda for action or “information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”. After hearing from public speakers regarding items remaining on the Consent Calendar, any Councilmember may move any information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion. For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previous addressed that item during the Consent Calendar related public comment period.
1. De-designation of a Landmark Designation for Buildings that have been Legally Demolished; Amending BMC Section 3.24.180 From: City Manager Recommendation: Adopt first reading on an Ordinance amending Section 3.24.180 of the Berkeley Municipal Code, providing for de-designation of landmark and structure of merit buildings that have been legally demolished. Financial Implications: Minimal Contact: Zach Cowan, City Attorney, 981-6950
2. Minutes for Approval From: City Manager Recommendation: Approve the minutes for the Council meetings of March 8, 2016 (special and regular), March 15, 2016 (special closed, special and regular) and March 29, 2016 (special closed, special and regular). Financial Implications: None Contact: Mark Numainville, City Clerk, 981-6900
Tuesday, April 26, 2016 AGENDA Page 2 Consent Calendar
3. Appointment of Director of Human Resources From: City Manager Recommendation: Adopt a Resolution confirming the appointment of Sarah Reynoso as the Director of Human Resources to be effective May 9, 2016. Financial Implications: See report Contact: Dee Williams-Ridley, City Manager, 981-7000
4. Contract: NBS for West Berkeley Transportation Property Based Business Improvement District (PBID) Formation Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with NBS for Consulting Services for the formation of a Property Based Business Improvement District (PBID) to support expanded shuttle services in West Berkeley from May 1, 2016 to June 30, 2017. Financial Implications: Bayer (Miles Lab) Fund - $75,000 Contact: Michael Caplan, Economic Development, 981-7530
5. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on April 26, 2016 From: City Manager Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval. Financial Implications: Various - $14,459,526 Contact: Henry Oyekanmi, Finance, 981-7300
6. Alameda County Transition to Independence Program for Berkeley Mental Health From: City Manager Recommendation: Adopt a Resolution approving the designations as listed on the Alameda County Health Care Services CBO Contract Signature Authorization form for the contract with Alameda County Transition to Independence Program for Berkeley Mental Health, and amending Exhibit A of Resolution No. 67,236-N.S. Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, 981-5400
Tuesday, April 26, 2016 AGENDA Page 3 Consent Calendar
7. Mental Health Services Act (MHSA) Innovations (INN) Plan From: City Manager Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Innovations (INN) Plan which proposes $180,000 of INN funds to be utilized for a new Trauma Informed Care pilot project that will be implemented in three Berkeley Unified School District Schools (BUSD) through June 30, 2018 and send the MHSA INN Draft Plan to the Mental Health Services Oversight and Accountability Commission (MHSOAC) for final State approval. Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, 981-5400
8. Contract Amendment: CalPERS Cost Share under Government Code 20516 for Employees Represented by the International Brotherhood of Electrical Workers (IBEW) Local 1245 A.F.L.-C.I.O. From: City Manager Recommendation: 1. Adopt a Resolution of Intention to amend the City’s contract with the California Public Employees Retirement System (hereinafter “CalPERS”) to include a mandatory monthly employee contribution of 1.25% of salary as provided under Government Code Section 20516, applicable to all members (Miscellaneous employees, both Classic and New Members) represented by the International Brotherhood of Electrical Workers, Local 1245 A.F.L.-C.I.O. (hereinafter “Union”); and 2. Adopt first reading of an Ordinance amending the City’s contract with CalPERS to provide the mandatory monthly employee contribution of 1.25% of salary as provided under Government Code Section 20516, applicable to all members (Miscellaneous employees, both Classic and New Members) represented by the International Brotherhood of Electrical Workers (IBEW) Local 1245 A.F.L.-C.I.O. effective July 3, 2016. Financial Implications: See report Contact: Sarah Reynoso, Human Resources, 981-6800
9. Contract No. 8392 Amendment: Innovative Claim Solutions, Inc. for Third Party Administrative Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend Contract No. 8392 with Innovative Claim Solutions, Inc. (ICS), to provide Workers’ Compensation third party administrative services and Medicare, Medicaid and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for a total amount not to exceed $6,823,611, for July 1, 2016 through June 30, 2021. Financial Implications: Worker's Compensation Fund - $3,247,413 Contact: Sarah Reynoso, Human Resources, 981-6800
Tuesday, April 26, 2016 AGENDA Page 4 Consent Calendar
10. Contract No. 10088 Amendment: Executive Diversity for Professional Consulting Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10088 with Executive Diversity Services, Inc. to provide diversity and inclusion training services to City employees by increasing the expenditure authorization by $150,000 for a total not to exceed of $198,000. Financial Implications: Employee Training Fund - $150,000 Contact: Sarah Reynoso, Human Resources, 981-6800
11. Supplemental Military Leave Compensation Policy From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 67,017-N.S. to extend the City’s supplemental military leave compensation benefit to May 31, 2017 to provide additional wages to supplement an employee’s military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service. Financial Implications: See report Contact: Sarah Reynoso, Human Resources, 981-6800
12. Contract No. 7654 Amendment Centre for Organizational Effectiveness for Organizational Development Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract 7654A with Centre for Organizational Effectiveness in order to provide continued services for employee training programs by increasing expenditure authority in an amount not to exceed $200,000, for a total contract amount of $590,000 through December 31, 2018. Financial Implications: Employee Training Fund - $200,000 Contact: Sarah Reynoso, Human Resources, 981-6800
13. Classification and Salary: Planning Technician Classification From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 66,298-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021, Community Services & Part-Time Recreation Leaders Association, to establish the classification of Planning Technician with a monthly salary range of $4,861 - $5,967 effective April 26, 2016. Financial Implications: See report Contact: Sarah Reynoso, Human Resources, 981-6800
Tuesday, April 26, 2016 AGENDA Page 5 Consent Calendar
14. Contract: Third Wave Corporation for Information Technology Strategic Plan and Cost Allocation Plan From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Third Wave Corporation for Information Technology Strategic Plan and Cost Allocation Plan, for a total not to exceed $96,494 from May 1, 2016 to December 31, 2016. Financial Implications: General Fund - $96,494 Contact: Savita Chaudhary, Information Technology, 981-6500
15. Donation: Seligman Family for Memorial Bench in Cesar Chavez Park From: City Manager Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 from the Seligman family for a memorial bench to be placed in Cesar Chavez Park. Financial Implications: $3,400 (Donation) Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
16. Grant Application: Surrendered and Abandoned Vessel Exchange (SAVE) Program – State Division of Boating and Waterways From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California State Parks Division of Boating and Waterways in the amount of $80,000; and authorizing a local match contribution of $8,000 from the Marina Fund. Financial Implications: $80,000 (Revenue) Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
17. **Removed from Agenda by City Manager** Contract No. 9046 Amendment: Association of Sports Field Users (ASFU) for Additional Maintenance Services From: City Manager Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
18. Contract: Revolution Foods for Summer Food Service Program From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a one-year contract and any amendments with Revolution Foods to provide lunches and afternoon snacks to Berkeley youth for the City’s Summer Food Service Program for a total amount not to exceed $100,000, for the period of June 1, 2016 through May 31, 2017, with options to execute up to two (2) additional one-year extensions not to exceed $100,000 each year, contingent upon the availability of State funding, for a total contract amount not to exceed $300,000. Financial Implications: Youth Lunch Fund - $300,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Tuesday, April 26, 2016 AGENDA Page 6 Consent Calendar
19. Contract Amendments: RHAA and Carducci for On-Call Landscape Architecture and Project Development Services From: City Manager Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to the following two contracts for on-call landscape architecture services, extending the initial terms ending November 1, 2016 to June 30, 2017: 1. Royston Hanamoto Alley & Abey (RHAA), Contract No. 9536, increasing the amount by $75,000 for a new contract amount not to exceed $175,000; 2. Carducci and Associates, Inc., Contract No. 9535, increasing the amount by $50,000 for a new contract amount not to exceed $150,000. Financial Implications: Various Funds - $125,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
20. Community Workforce Agreement Exemption - Hearst Avenue Complete Street Project From: City Manager Recommendation: Adopt a Resolution exempting the Hearst Avenue Complete Street Project, Federal Aid Project STPL 5057(044) 16-11031-C, from the City’s Community Workforce Agreement in order to be eligible for an award of $2,115,712 of federal funding. Financial Implications: See report Contact: Phillip Harrington, Public Works, 981-6300
21. Contract No. 9069B Assignment and Amendment: AMEC Environment & Infrastructure, Inc. to AMEC Foster Wheeler plc for On-Call Environmental Consulting Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to 1. Assign Contract No. 9069B with AMEC Environment & Infrastructure, Inc. to AMEC Foster Wheeler plc due to a merger, for additional contract services, 2. Increase the contract by $60,000 for a total contract amount not to exceed $200,000 and 3. Extend the contract expiration date to December 31, 2018. Financial Implications: Zero Waste Fund - $60,000 Contact: Phillip Harrington, Public Works, 981-6300
22. Declaration of Intent - FY 2017 Street Light Assessment From: City Manager Recommendation: Adopt a Resolution providing the City Manager with the authority to: 1. Approve the Engineer’s February 2016 report, Street Lighting Assessment District 1982-1; 2. Set a public hearing to be held before the Council of the City of Berkeley at its May 24, 2016 meeting; and 3. Authorize the City Clerk to publish Notice of the Public Hearing for FY 2017 Levy of Assessments of Street Lighting Assessment District No. 1982-1. Financial Implications: See report Contact: Phillip Harrington, Public Works, 981-6300
Tuesday, April 26, 2016 AGENDA Page 7 Consent Calendar
23. Mental Health Commission Reappointment: Shirley Posey From: Mental Health Commission Recommendation: Adopt a Resolution approving the reappointment of Shirley Posey as a representative of the Special Public Interest category for a third term beginning April 27, 2016 and ending April 26, 2019. Financial Implications: None Contact: Karen Klatt, Commission Secretary, 981-5400
Council Consent Items
24. Appointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees From: Mayor Bates Recommendation: Adopt a Resolution appointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a two-year term ending on January 1, 2018. Financial Implications: None Contact: Tom Bates, Mayor, 981-7100
25. Berkeley Public Schools Fund Spring Luncheon, May 6, 2016: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds From: Councilmembers Maio, Moore, Wengraf, and Worthington Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $170 per council member, including $170 from Councilmember Maio, to the Berkeley Public Schools Fund, on the occasion of their annual Spring Luncheon, to be held on Friday, May 6, 2016, from 11 am-1:30 pm at Hs Lordships Restaurant on the Berkeley Marina, (more information is available at berkeleypublicschoolsfund.org/spring-luncheon), with funds relinquished to the city’s general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other council members who would like to contribute. Financial Implications: Councilmember's Discretionary Funds - $50 Contact: Linda Maio, Councilmember, District 1, 981-7110
26. Official City Sponsorship of Berkeley Humane Society’s “Pints for Paws” Event From: Councilmember Moore Recommendation: Approve City sponsorship of Berkeley Humane Society’s “Pints for Paws 2016” Event. Financial Implications: None Contact: Darryl Moore, Councilmember, District 2, 981-7120
Tuesday, April 26, 2016 AGENDA Page 8 Council Consent Items
27. Official City Sponsor of Berkeley-East Bay Humane Society’s “Bark (& Meow) Around The Block” From: Councilmember Moore Recommendation: Approve City sponsorship of Berkeley-East Bay Humane Society’s “Bark (and Meow) Around The Block”. Financial Implications: None Contact: Darryl Moore, Councilmember, District 2, 981-7120
28. Support of SB 1053 – The Housing Opportunities Act From: Councilmember Arreguin Recommendation: Adopt a Resolution in support of SB 1053, also known as the Housing Opportunities Act. Send a copy of the Resolution to Governor Jerry Brown, State Senators Mark Leno and Loni Hancock, and Assemblymember Tony Thurmond. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
29. Support AB 2757 - The Phase-In Overtime for Agricultural Workers Act of 2016 From: Councilmember Arreguin Recommendation: Adopt a Resolution supporting Assembly Bill (AB) 2757, also known as the Phase-In Overtime for Agricultural Workers Act of 2016. Send a copy of the Resolution to Governor Jerry Brown, State Senator Loni Hancock, and Assemblymembers Lorena Gonzalez and Tony Thurmond. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
30. Support Senate Bill 959: Equal Pay for UC Contract Employees From: Councilmember Arreguin Recommendation: Adopt a Resolution supporting Senate Bill 959, which will guarantee equal pay for equal work for UC contract employees. Send a copy of the Resolution to Governor Jerry Brown, State Senators Ricardo Lara and Loni Hancock, and Assemblymember Tony Thurmond. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
31. Creation of 311 Mobile Application From: Councilmember Arreguin Recommendation: Refer to the City Manager to create a mobile application for the 311 system and improve the 311 Online Service Center. Financial Implications: Unknown Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Tuesday, April 26, 2016 AGENDA Page 9 Council Consent Items
32. Proclaiming May 2016 as Mental Health Month From: Councilmember Arreguin and Mental Health Commission Recommendation: Adopt a Resolution proclaiming May 2016 as Mental Health Month in the City of Berkeley. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-7140; Karen Klatt, Commission Secretary, 981-5400
33. Support for Assembly Bill 2607: Firearm Restraining Order From: Councilmember Capitelli Recommendation: Send a letter of support for AB 2607 to the author Assemblymember Phil Ting, as well as to Assemblymember Tony Thurmond and State Senator Loni Hancock urging their support for AB 2607. Financial Implications: None Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
34. Support for Assembly Bill 2517: Voting Age: School District Governing Board Elections From: Councilmembers Capitelli and Droste Recommendation: Send letters of Support for AB 2517 to Assemblymember Tony Thurmond and State Senator Loni Hancock. Financial Implications: None Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
35. Support of AB 2002 (Stone) – Political Reform Act of 1974: California Coastal Commission Transparency From: Councilmember Wengraf Recommendation: Adopt a Resolution in support of AB 2002 (STONE), a bill that amends the Political Reform Act of 1974 and the Coastal Commission Act of 1976 to further regulate the actions of lobbyists as they work to impact certain administrative actions of the California Coastal Commission (CCC). Direct staff to send signed copies of the adopted resolution to Assemblymember Tony Thurmond, Senator Loni Hancock and Governor Brown. Financial Implications: Minimal Contact: Susan Wengraf, Councilmember, District 6, 981-7160
36. Suspend the Enforcement of Berkeley Municipal Code Section 9.52.040 B.1.f Until June 30, 2017 Pending New Low-Emission Vehicle Technology From: Councilmembers Worthington and Capitelli Recommendation: That the Council suspend enforcement of Berkeley Municipal Code Section 9.52.040 B.1.f until June 30, 2017 with respect to 6 currently permitted vans pending new low-emission vehicle technology. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Tuesday, April 26, 2016 AGENDA Page 10 Council Consent Items
37. Encouraging a Senate Confirmation Hearing on the Appointment of Chief Justice Merrick Garland to the Supreme Court From: Councilmember Worthington Recommendation: Adopt a Resolution encouraging a Senate confirmation hearing on the appointment of Chief Justice Merrick Garland to the Supreme Court. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, 981-7170
38. Support HR 4763 and S 2697: Support the Wage Theft Prevention and Wage Recovery Act and Send Letters to Senator Barbara Boxer, Senator Diane Feinstein, and Congresswoman Barbara Lee From: Councilmember Worthington Recommendation: Support the Wage Theft Prevention and Wage Recovery Act and send letters to Senator Barbara Boxer, Senator Diane Feinstein, and Congresswoman Barbara Lee. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170
39. San Francisco Lesbian-Gay-Bisexual-Transgender Pride Parade: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmembers Worthington, Moore, and Droste Recommendation: Officially co-sponsor San Francisco Pride and adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember to support the Pacific Center with funds relinquished to the City’s General Fund so that the City of Berkeley be represented at the San Francisco Pride Parade on June 25 & 26 and for costs of having a contingent in the Parade from Councilmember Worthington’s discretionary Council Office Budget and any other Councilmembers who would like to contribute. Financial Implications: Councilmembers' Discretionary Funds - $1,000 Contact: Kriss Worthington, Councilmember, District 7, 981-7170
40. Budget Referral: John Muir Pedestrian Safety Improvements in the 2016-17 Budget Process From: Councilmember Droste, and Mayor Bates Recommendation: Refer to the 2016-17 budget process proposed improvements for John Muir Elementary School pedestrian safety at the Claremont Ave/Claremont Crescent intersection, including installation of new masts, poles, RRFBs, warning signs, and push buttons on poles. Financial Implications: $312,000 Contact: Lori Droste, Councilmember, District 8, 981-7180
Action Calendar The public may comment on each item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.
Tuesday, April 26, 2016 AGENDA Page 11 Action Calendar
The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action items may be reordered at the discretion of the Chair with the consent of Council.
Action Calendar – Public Hearings Staff shall introduce the public hearing item and present their comments. This is followed by five- minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue. Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
41a. Submission of the PY2016 Annual Action Plan Including Allocations of Federal Funds From: City Manager Recommendation: Conduct a public hearing on the federal Program Year (PY) 2016 Annual Action Plan (AAP) for federal funds, including the allocation of federal funding for community agencies for FY2017, and upon conclusion, adopt a Resolution: 1. Approving proposed funding allocations under the FY2017 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and 3. Allocating 85% of the FY2017 HOME funds to the Housing Trust Fund, 5% for Community Housing Development Organization (CHDO) operating funds 10% for program administration; and 4. Authorizing the City Manager to submit the PY 2016 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD). Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, 981-5400
Tuesday, April 26, 2016 AGENDA Page 12 Action Calendar – Public Hearings
41b. Submission of the PY2016 Annual Action Plan Including Allocations of Federal Funds From: Housing Advisory Commission Recommendation: Adopt the Housing Advisory Commission’s funding recommendations for FY2017 for Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and HOME Investment Partnership funds and approve the submission of the PY2016 (FY2017) Annual Action Plan as attached to the City Manager’s Council Report of April 26, 2016. Financial Implications: See report Contact: Amy Davidson, Commission Secretary, 981-5400
Action Calendar – Old Business
42. Proposed Amendments to the Minimum Wage Ordinance, Berkeley Municipal Code Chapter 13.99 (Continued from February 9, 2016) From: City Manager Recommendation: Review and consider information regarding the activities and costs associated with implementing and enforcing the proposed amendments to the Minimum Wage Ordinance (MWO), including the potential impact of the proposed amendments on the City's minimum wage employees, employers, on-call workers and Youth-in-Training program workers, and either: 1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99 which includes revisions to the Ordinance per the Council directive and proposal presented at the November 10, 2015 Council meeting; -OR- 2. Refer the MWO back to the City Manager for further analysis and revisions. Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, 981-5400
43. Expediting Consideration of a Potential $3 million Grant to Build a Magical Bridge Playground and Sending a Letter of Intent (Continued from April 5, 2016) From: Councilmembers Worthington, Capitelli, and Arreguin Recommendation: Request the City Manager to expedite consideration of a potential $3 million grant to build a Magical Bridge Playground, and send a letter of intent to the Magical Bridge Foundation. Financial Implications: See report Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Tuesday, April 26, 2016 AGENDA Page 13 Action Calendar – New Business
44. City Council Rules of Procedure and Order From: City Manager Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to: 1) require that revised and supplemental material must be distributed and accepted by the Council prior to the commencement of the public comment period on the item; 2) incorporate modifications to the Appeal process as adopted with Ordinance No. 7,461-N.S.; 3) make minor clarifications regarding procedures for public comment relating to items on Council agendas; and 4) rescinding Resolution No. 67,178–N.S. Financial Implications: None Contact: Mark Numainville, City Clerk, 981-6900
45. Amending Open Government Ordinance and Council Rules to Allow Submission of Revised/Supplemental Items From: City Manager Recommendation: 1. Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 2.06.070.E to allow the submission of revised/supplemental items by noon the day of the City Council meeting at which the item is to be considered; and 2. Direct staff to return with proposed revisions to the City Council Rules of Procedure and Order (Council Rules) consistent with the amendments to BMC Section 2.06.070.E. Financial Implications: Staff time Contact: Zach Cowan, City Attorney, 981-6950
46a. Support for the Berkeley Housing Authority From: Housing Advisory Commission Recommendation: In order to encourage the use of more Section 8 vouchers in Berkeley, maintain the diversity of the community, and address the urgent situation of the current rental market affordability crisis, the Housing Advisory Commission recommends that the Berkeley City Council consider the following possibilities to support the Berkeley Housing Authority in all due haste: 1. Support Project Move-Up. 2. Assist with Owner Retention in the Section 8 Voucher program. 3. Modify inclusionary zoning regulations and Housing Trust Fund Guidelines to require a percentage of Below Market Rate units be made available to voucher holders. 4. Offset the BHA’s prorated administrative fees from HUD by providing a $10 per voucher administrative fee to BHA. Financial Implications: See report Contact: Amy Davidson, Commission Secretary, 981-5400
Tuesday, April 26, 2016 AGENDA Page 14 Action Calendar – New Business
46b. Support for Berkeley Housing Authority – City Manager’s Companion Report From: City Manager Recommendation: Direct the City Manager to: 1. Analyze the long-term financial feasibility of maintaining the Berkeley Housing Authority (BHA), the alternatives to maintaining a stand-alone housing authority, and options for supporting the continued operations of the BHA for the Council’s consideration. 2. Analyze options for including or requiring the use of Section 8 vouchers in Below Market Rate units created through the Affordable Housing Mitigation Fee, together with other possible changes to the ordinance. 3. Convert the City’s existing loan of $225,000 for a security deposit loan fund into a grant, allowing BHA to use $134,464 to support staffing costs associated with transitioning five Shelter Plus Care clients and five clients living in SROs to a Section 8 certificate each year, for five years. These recommendations would require staff to return to Council with related analysis, resolutions, and possibly changes to the fee ordinance. Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, 981-5400
47. Requiring that Decision Between In-Lieu and Inclusionary Housing and Payment of Fee be Made at Issuance of First Construction Document for Qualifying Market-Rate Projects From: Housing Advisory Commission Recommendation: That the Council consider as part of its package of possible changes to the inclusionary housing and mitigation fee requirement, the following: That applicants for residential projects who are statutorily required to pay an Affordable Housing Mitigation Fee into the Housing Trust Fund or, alternatively, provide a certain percentage of units as Below Market Rate (inclusionary), make the decision at issuance of the first construction document. Should the applicant decide to pay the fee, the City Council should require payment to be at the issuance of the first construction document, as well. This recommendation is predicated on a requirement that the percentage of inclusionary Below Market Rate (BMR) units in qualifying market-rate projects is at least 20%, as recommended by the 2015 Affordable Housing Nexus Study and November 5, 2015 vote of the HAC. Financial Implications: See report Contact: Amy Davidson, Commission Secretary, 981-5400
48. Commission Process Improvement From: Human Welfare and Community Action Commission Recommendation: Adopt a Resolution requesting that the City Manager examine the addition of language to the Berkeley municipal code that clarifies aspects of the management of City of Berkeley commissions and the removal and appointment of commissioners. Financial Implications: Minimal Contact: Wing Wong, Commission Secretary, 981-5400
Tuesday, April 26, 2016 AGENDA Page 15 Action Calendar – New Business
49. Stipulations for Funding Allocation of $637,500 to BUSD From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution imposing the following requirements on the expenditure of the $637,500 allocated to the Berkeley Unified School District (BUSD) by the City Council on January 19, 2016: 1. This award is intended to support infrastructure, programming, and education activities to reduce consumption of SSBs and to address the effects of SSB consumption for the period, July 1, 2016 to June 30, 2017. 2. Non-supplantation: Awarded funding will not supplant BUSD 2015-2016 level of General Fund allocations to the garden and cooking program. 3. This award requires a cap on administrative overhead at 15%. 4. This award requires that BUSD adopt and enforce a policy to not sell or serve sugar-sweetened beverages (as defined by the SSB tax) at any BUSD schools or campuses, including staff lounges and BUSD Board meetings. Financial Implications: None Contact: Dechen Tsering, Commission Secretary, 981-5300
Council Action Items
50. Tenant Protection Ordinance From: Councilmember Arreguin Recommendation: Refer to the City Manager and City Attorney to develop a Tenant Protection Ordinance, incorporating the elements described in the Background section of the report. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
51. Referral to Planning Commission: City-Wide Green Development Requirements From: Councilmember Arreguin Recommendation: Refer to the Planning Commission to draft an ordinance requiring the same Green Building and Transportation Demand Management (TDM) measures required in the Commercial Downtown Mixed Use District (C-DMU) for projects of 75 units or more throughout the City of Berkeley’s commercial zoning districts. Standards as outlined in the report would apply to larger projects city-wide and pertain to: bicycle parking spaces, vehicle sharing spaces, Residential Parking Permits, required parking spaces, LEED rating, Stopwaste Small Commercial Checklist standards, and transportation benefits. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
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52. Support AB 1887, Impose a Moratorium on Any Local Publicly-Funded Travel to North Carolina, Mississippi; Urge the City Manager to Refrain from Entering into New Contracts, Consider Discontinuing Existing Contracts with Businesses Headquartered in NC or MS From: Councilmembers Worthington, Moore, and Droste Recommendation: 1. Support California Assembly Bill 1887; and 2. Impose a moratorium on City publicly-funded travel to North Carolina, Mississippi and any other state which enacts similar legislation that discriminates toward the LGTBQ community; and 3. Urge the City Manager to refrain from entering into new contracts and consider discontinuing existing contracts with businesses headquartered in North Carolina or Mississippi. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, 981-7170
53. Referral to the Housing Advisory Commission Timely Predevelopment Recommendations to Bridge/Berkeley Food and Housing Project From: Councilmembers Worthington and Arreguin Recommendation: Refer to the Housing Advisory Commission to make predevelopment funding recommendations to Bridge/Berkeley Food and Housing Project to return in time for the June 2016 budget decision. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, 981-7170
54. City Manager Referral: Create an Urgency Ordinance for a 90 day Moratorium on Rent Hikes for Units Not Under Rent Control From: Councilmember Worthington Recommendation: Refer to the City Manager to consider an urgency ordinance that places a 90 day moratorium on rent hikes for units not under rent control while City staff consider elements of the Oakland moratorium for implementation. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Information Reports
55. Settlement of Sipple, et al. v. City of Alameda, et al. (Los Angeles County Superior Court No. BC462270) From: City Manager Contact: Zach Cowan, City Attorney, 981-6950
56. Update on the 2015 High Speed Fiber Report and Recommendations From: City Manager Contact: Michael Caplan, Economic Development, 981-7530
Public Comment – Items Not Listed on the Agenda –
Tuesday, April 26, 2016 AGENDA Page 17
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3. Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] South Branch – 1901 Russell
COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
Tuesday, April 26, 2016 AGENDA Page 18
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 14, 2016.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Cell Antenna Installation 1. Randolph Pauker Homeless Concerns 2. Stephanie Marrus 3. Marie Banis 4. Avis Walker 5. David Lerman Commendation of City Employees 6. Disaster & Fire Safety Commission 1900 Fourth Street Proposed Development Issues 7. Richard Schwartz (2) 8. Mark Rhoades Clarification of R-1A Limited Two-Family Residential District Provisions 9. Zoning Adjustments Board Affordable Housing/Housing Proposals/Development 10. Emmett Murray 11. Nikhila Pai 12. Stephen Born 1701 62nd Street 13. Carlvin Justice (2) Council Meeting Concerns 14. Rhiannon
Supplemental Communications and Reports Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
Supplemental Communications and Reports 1 Available by 5:00 p.m. five days prior to the meeting.
Tuesday, April 26, 2016 AGENDA Page 19
Supplemental Communications and Reports 2 Available by 5:00 p.m. the day of the meeting.
Supplemental Communications and Reports 3 Available by 5:00 p.m. two days following the meeting.
Tuesday, April 26, 2016 AGENDA Page 20